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Unconstitutional Dismissal


by Gajalakshmi Paramasivam
( October 28, 2018, Colombo, Sri Lanka Guardian)  It’s so very disheartening to read about the way the Mr Sirisena who actively uses the name of Buddhism, is acting. I usually do not curse anyone. But I feel so strongly appalled by this man’s actions that the word ‘hell’ keeps surfacing in my mind. An elected president has the duty to every person who believes Sri Lanka is her/his home, to feel that an elected president is upholding Dharma.
Being a highly subjective system, the Judiciary may or may not deliver as per the rule of law.
Article 46 (2) of the Sri Lankan Constitution clearly outlines the way a Prime Minister ceases to be a Prime Minister:
  1. (2) The Prime Minister shall continue to hold office throughout the period during which the Cabinet of Ministers continues to function under the provisions of the Constitution unless he –
(a) resigns his office by a writing under his hand addressed to the President; or
(b) ceases to be a Member of Parliament.
The appointment of Mr Rajapaksa is clearly in breach of the above.
Article 42 (4) of the Sri Lankan Constitution clearly outlines the way a Prime Minister is appointed:
42 (4) The President shall appoint as Prime Minister the Member of Parliament, who, in the President’s opinion, is most likely to command the confidence of Parliament.
The duly appointed Prime Minister – the Hon Ranil Wickremesinghe has referred to this section in his response to Mr Sirisena.
The President has no powers to remove the Prime Minister.
Hence this alleged dismissal is Unconstitutional and the appointment of Mr Rajapaksa is also certainly nowhere near lawful.
All law abiding Sri Lankans must oppose the above actions and work with the duly appointed Prime Minister – Mr Ranil Wickremesinghe to impeach the Mr Sirisena and also have Mr Rajapaksa’s civil rights stripped for fooling the Public

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